Companies Act, 1956
Sec 531- Fraudulent preference.
(1) Any transfer of property, movable or
immovable, delivery of goods, payment, execution or other act relating to
property made, taken or done by or against a company within six months before
the commencement of its winding up which, had it been made, taken or done by or
against an individual within three months before the presentation of an
insolvency petition on which he is adjudged insolvent, would be deemed in his
insolvency a fraudulent preference, shall in the event of the company being
wound up, be deemed a fraudulent preference of its creditors and be invalid
accordingly:
Provided that, in relation to things made, taken
or done before the commencement of this Act, this sub-section shall have effect
with the substitution, for the reference to six months, of a reference to three
months.
(2) For the purposes of sub-section (1), the
presentation of a petition for winding up in the case of a winding up by or
subject to the supervision of the Court, and the passing of a resolution for
winding up in the case of a voluntary winding up, shall be deemed to correspond
to the act of insolvency in the case of an individual.